name change Question
****************
Ken,
I changed my name from Alarm Company 24/7 Inc. to Total Alarm Services Inc. dba Alarm Company 24/7. I still tell everyone I am Alarm Company 24/7. I took the Inc. off of everything. How should I change my contracts? Do I have to state Total Alarm Services Inc. dba Alarm Company 24/7 or can I just state Alarm Company 24/7?
Best Regards,
J
*****************
Answer
****************
It's important that your contracts and other paperwork conform to your license and your actual corporate name. If you conduct business under a "fake" name then you expose yourself to personal liability. You don't want to take the chance that anyone has been mislead by your intentional or negligent misrepresentation of your name.
If your state permits a corporation to use an assumed name, and probably all do, then you need to comply with the filing requirements. Once you do then you can use only the assumed name. Be sure that name is the name you have your license under.
When we prepare and send you our Standard Form Contracts that we customize, unless requested otherwise, we will put the assumed name on the top of the contract and we will put the full corporate name and dba at the signature line.
*****************
contract questions
****************
Ken,
I thought I read you have a new contract that covers the new Interactive Services ex: Alarm.com and being able to arm disarm alarm from laptop/ smartphone. I do not see it on the website to order? I purchased all your contracts in March of 2009 in Word doc in legal size. Is there an easy way to convert to letter size without messing up the paragraphs and or layouts? Also does the employee agreement cover if a employee leaves and doesn't initiate business with my customer but my customers initiates with my ex employee? What about email / computer guidelines?
Thanks,
Anon
****************
Answer
****************
The All in One now has provisions for remote access by the subscriber. The Subscriber Enabled Monitoring Service Contract is another contract that provides for subscriber remote access.
The Standard Forms are sent to you in a legal format with the type size required by your jurisdiction. Changing the size from legal to letter [81/2 x 14 to 81/2 x 11] will change the font size and the lay out also if you're not careful. You would have to go to more pages.
The Employment Contract would restrict both soliciting and servicing, so yes, your former employee could not service your subscriber.
************
canceling by email
************
Ken,
Regarding your comment about canceling by email, I will not accept canceling via email or voicemail, only through a letter or fax with a legible signature that matches the original Agreement, or by POA. My thinking is that I do not have the expertise to determine whether or not an email is authentic and of course, voicemail has its own proven history. In order to best protect myself from almost anything a creative attorney can remember from the previous night's sleepfest, the procedure is in place. How, after having this cancellation requirement, can I justify lowering company standards and cancel a customer in any other way? Yes, it may be a couple of bucks tossed out the window for traceable postage, buy why take the risk? I always use USPS Priority Mail with Delivery Confirmation. A bit cheaper than USPS Registered Mail w/Return Receipt.
Regards;
Al DeMarzo,
DFW ALARM
*************
Response
************
I can't fault you for being extra prudent. The important thing is to know what's in your contract regarding cancellation and what your AHJ requires either before or after terminating service.
************
another cancellation question
************
Ken
I see the cancellation for a new system but what if a customer wants to cancel monitoring ? We ask for a fax, a letter or email with name, address and account number, but I feel that we should have a form especially with email. I do I know who is who?
JP
*****************
Response
*****************
The cancellation for new sales you refer to is the 3 day notice of cancellation. That is quite different than a subscriber canceling a contract during its effective term. You don't have to accept a cancellation and you should let your subscriber know that cancellation is tantamount to breach of contract [I am not talking about a permitted cancellation before renewal or a cancellation that is otherwise permitted by the contract]. You should be careful not to mislead your subscriber into thinking that cancellation is without consequences. My office has commenced many alarm collection cases only to be met with the defense that the alarm co told them to send in a request for cancellation and didn't mention any continuing obligation.
************************